Horse Track and the Parking Lot Bill

[papajohn1964]

A buddy of mine trains and races horses, He is taking his CHL class tomorrow. He told me that when they go to the track that they search his truck when they go through the gate to the stables and there is a no firearm sign. Does the parking lot bill protect him if he has a CHL and keeps it in the truck? I told him that I carry when we go to the track but it stays locked in the truck.

[C-dub]

I think, he is covered only if he leaves his vehicle in the parking lot where the rest of us would park. If he is driving his vehicle further inside, I do not think he is covered. Horse race tracks are off limits anyway, whether he is an employee or not.

[JP171]

he can have it at the horse track as it is not illegal to have in the parking lot 46.03 doesn't say parking area just premises and premises is defined as inside the building or buildings.

PC §46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
(4) on the premises of a racetrack; or
(5) in or into a secured area of an airport.
(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.
(b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court.
(c) In this section:
(1) “Premises” has the meaning assigned by Section 46.035.


also the track cannot legally refuse to allow him to have the weapon in his vehicle under labor code 52.061

Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer may not prohibit an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition from transporting or storing a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees.
Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:
(1) authorize a person who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition to possess a firearm or ammunition on any property where the possession of a firearm or ammunition is prohibited by state or federal law; or
(2) apply to:
(A) a vehicle owned or leased by a public or private employer and used by an employee in the course and scope of the employee's employment, unless the employee is required to transport or store a firearm in the official discharge of the employee's duties;
(B) a school district;
(C) an open-enrollment charter school, as defined by Section 5.001, Education Code;
(D) a private school, as defined by Section 22.081, Education Code; or
(E) property owned or controlled by a person, other than the employer, that is subject to a valid, unexpired oil, gas, or other mineral lease executed before September 1, 2011, that contains a provision prohibiting the possession of firearms on the property.
(b) Section 52.061 does not prohibit an employer from prohibiting an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, or who otherwise lawfully possesses a firearm, from possessing a firearm the employee is otherwise authorized by law to possess on the premises of the employer's business. In this subsection, "premises" has the meaning assigned by Section 46.035(f)(3), Penal Code.

I think that this is the part about a fence you may be thinking of, but as a race track isn't a chemical plant it doesn't apply
(F) property owned or leased by a chemical manufacturer or oil and gas refiner
with an air authorization under Chapter 382, Health and Safety Code, and on
which the primary business conducted is the manufacture, use, storage, or
transportation of hazardous, combustible, or explosive materials, except in
regard to an employee who holds a license to carry a concealed handgun
under Subchapter H, Chapter 411, Government Code, and who stores a firearm
or ammunition the employee is authorized by law to possess in a locked,
privately owned motor vehicle in a parking lot, parking garage, or other
parking area the employer provides for employees that is outside of a
secured and restricted area:
(i)A that contains the physical plant;
(ii)A that is not open to the public; and
(iii)Athe ingress into which is constantly monitored by security personnel.

[srothstein]

I don't think the parking lot law applies in this case. Most horse trainers are not employees of the track, but are contractors or customers (depending on point of view). The way i understand it, an owner hires the trainer and signs a contract with him to manage the horse's career. The trainer may work at one or more tracks. Depending on the contract, the trainer may pay the track for the barn/stalls and use of the track or the horse owner may. The jockeys are also independent contractors and may work for different owners and trainers, even in the same nights races.

Unless the OP's friend is a direct employee of the track, the parking lot law does not apply. But I don't think he can be arrested either, since the 30.05 exception for CHLs and 30.06 notice laws would apply to the grounds. As was pointed out, the track ban only applies to the building.

[Geaux Tigers]

I don't think the parking lot law applies in this case. Most horse trainers are not employees of the track, but are contractors or customers (depending on point of view). The way i understand it, an owner hires the trainer and signs a contract with him to manage the horse's career. The trainer may work at one or more tracks. Depending on the contract, the trainer may pay the track for the barn/stalls and use of the track or the horse owner may. The jockeys are also independent contractors and may work for different owners and trainers, even in the same nights races.

Unless the OP's friend is a direct employee of the track, the parking lot law does not apply. But I don't think he can be arrested either, since the 30.05 exception for CHLs and 30.06 notice laws would apply to the grounds. As was pointed out, the track ban only applies to the building.

He can be arrested but it would be a false arrest. The 46.03 law is limited to buildings excluding parking garages or other parking areas. If he is parked where he's allowed to park, he's not violating the 46.03 or 46.035 laws.

[C-dub]

I don't think the parking lot law applies in this case. Most horse trainers are not employees of the track, but are contractors or customers (depending on point of view). The way i understand it, an owner hires the trainer and signs a contract with him to manage the horse's career. The trainer may work at one or more tracks. Depending on the contract, the trainer may pay the track for the barn/stalls and use of the track or the horse owner may. The jockeys are also independent contractors and may work for different owners and trainers, even in the same nights races.

Unless the OP's friend is a direct employee of the track, the parking lot law does not apply. But I don't think he can be arrested either, since the 30.05 exception for CHLs and 30.06 notice laws would apply to the grounds. As was pointed out, the track ban only applies to the building.

He can be arrested but it would be a false arrest. The 46.03 law is limited to buildings excluding parking garages or other parking areas. If he is parked where he's allowed to park, he's not violating the 46.03 or 46.035 laws.

Welcome to the forum Mr. or Mrs. or Ms. Tigers.

[C-dub]

All right. Ya'll are gonna make me think tonight, aren't you?

I had just figured that, except for the parking lot, the entire race track facility was off limits. However, after perusing the code I do see that it says "premises." So, you're telling me that if I were to go down to Lone Star Park I can carry there as long as I do not go in any of the buildings? Kinda tough to make a bet that way, but I could have my wife do that. I'm guessing all bets are off if they have the place posted, though, right? 30.06 mentions property, not just premises.

[G26ster]

I don't think the parking lot law applies in this case. Most horse trainers are not employees of the track, but are contractors or customers (depending on point of view). The way i understand it, an owner hires the trainer and signs a contract with him to manage the horse's career. The trainer may work at one or more tracks. Depending on the contract, the trainer may pay the track for the barn/stalls and use of the track or the horse owner may. The jockeys are also independent contractors and may work for different owners and trainers, even in the same nights races.

Exactly. In my "yoot" I worked at NY area race tracks for various trainers. They have no employment or contractual relationship with the track. They simply rent available space for their horses in one of the barns in the barn area, have use of the main and/or training track for workouts, pay entry fees (if required by the particular race) to enter their horse, and abide by all state racing association rules.